Possession hearing today- please help!!

[horsey]

I'm new to this forum so hopefully posting in the right place.

 

In august I had a run of poor health which reduced my income slightly but my big mistake was handing over the control of the finances to my (now ex!) partner, his gambling and drink problems got the better of him and I have ended up with £3000 of mortgage arrears to santander, plus he had taken out loans in my name, both legit ones and some not so legit!

 

I have had many threats and people knocking on my door day and night. I have sorted all that out and income back to normal but despite me trying and pleading and explaining to santander they wouldn't let me take a mortgage holiday or capitalize arrears etc and referred my case to Hamlin's solicitors. I have tried making payments to santander and they refuse to speak to me saying all correspondence to go to Hamlin's.

 

 

Back in August when my arrears started, santander sent out a field agent who was very pleasant and went through an expenditure sheet and I signed a DD form to re start making mortgage payments plus some extra to cover arrears, I thought this was the end to my problems and then went back into hospital for further treatment, only to come out and check my bank to sew that no DD had been set up, when I rang santander to ask why not, they said it was too late and my case was now with their solicitors.

 

I tried on numerous occasion to speak to the lady allocated my case at Hamlin's only to hear a recorded message that she was away from her desk and to leave a message, which I did but she never called back, if I went via the general office number the receptionist put me back through to the woman allocated my case, who was again, away from her desk.

 

 

On the one occasion I did eventually speak to her she refused to accept any proposals to come to an arrangement but just told me to fill in an income/ outgoing form and then see what happened when we got to court.

 

 

The possession hearing is today 12th Dec at 3.30 pm, I am so terrified, I feel suicidal with the stress of it all. I just know they will repossess the house, I will just die of shame if I don't end it myself before then.

 

 

I can offer to pay £70 on top of normal payments, my house is worth approx £110k and outstanding mortgage is £45k, I have lived there for 13 years without defaulting and in fact for most of that time have made an extra payment each year. (I always made a payment 4 weekly when I get paid instead of the calender monthly payment that they request.

 

 

What should I expect when u turn up in court? Should a prepare a statement? Or an incomings / outgoings statement?

 

Please help, I'm devastated and terrified.

Edited December 12, 2012 by citizenB
formatting

[caro]

Don't panic. If you can demonstrate that you can afford to pay something off the arrears each month you should have no problem. Make sure it's realistic though because if you fail to make the payments they can take you back to court and are in a stronger position to get your home from you.

 

Take a look at this guidance and it'll give you a lot of help. http://www.consumeractiongroup.co.uk/forum/showthread.php?325527-CAG-guide-Are-you-facing-eviction-or-repossession

 

Have you got anything in writing showing Santander's refusal to accept payments? Make sure the judge is aware of this.

[caro]

If you have any questions post them here on your thread and hopefully someone will be able to help you. I'll try and get a message to Ell-enn to see if she can look in on it in the morning too, so please do come back if you need help, and let us know how you get on too.

 

Good luck!

[horsey]

I haven't got anything in writing, I tried calling and making a card payment and an Indian chap said my case would now only be dealt with by Hamlin's and he hung up before I could protest.

 

So I tried going via the automated phone payment system and got a letter a few days later saying we cannot accept payments on this account but I am not sure if I even still have that letter as that is my only proof from them, I have received so much from Hamlin's and the courts that I have lost track mainly because I got into a state of shock and panic.

 

I can't open the attachments on the links as I am in my phone but will try and get my laptop on tomorrow.

 

 

I called a repossession helpline a few weeks back and they said not to panic and that the courts will be very unlikely to refuse a reasonable offer to settle the arrears, and that they receive hundreds of complaints re santander.

 

They said one of their employees could represent me in court if I wanted although they didn't think I would need it, however they charged a flat fee of £299 which I could do without spending right now.

 

I actually can't even think about Xmas with this hanging over my head and thinking that we will be homeless by Xmas, but realistically, with having 3 children, I will have to start making plans for the big day and £299 will go a long way towards the kids presents.

 

But if I lose the house then I will have wished I'd have paid it - I'm so confused! Should I go on my own? Its probably too late now to get anyone to represent me.

Edited December 12, 2012 by citizenB
formatting

[caro]

I haven't got anything in writing, I tried calling and making a card payment and an Indian chap said my case would now only be dealt with by Hamlin's and he hung up before I could protest. So I tried going via the automated phone payment system and got a letter a few days later saying we cannot accept payments on this account but I am not sure if I even still have that letter as that is my only proof from them, I have received so much from Hamlin's and the courts that I have lost track mainly because I got into a state of shock and panic. I can't open the attachments on the links as I am in my phone but will try and get my laptop on tomorrow.

I called a repossession helpline a few weeks back and they said not to panic and that the courts will be very unlikely to refuse a reasonable offer to settle the arrears, and that they receive hundreds of complaints re santander. They said one of their employees could represent me in court if I wanted although they didn't think I would need it, however they charged a flat fee of £299 which I could do without spending right now. I actually can't even think about Xmas with this hanging over my head and thinking that we will be homeless by Xmas, but realistically, with having 3 children, I will have to start making plans for the big day and £299 will go a long way towards the kids presents. But if I lose the house then I will have wished I'd have paid it - I'm so confused! Should I go on my own? Its probably too late now to get anyone to represent me.

 

Just tell the judge what you've put here. It's quite right that you won't be repossessed if you can pay something off the arrears so please don't worry. It is possible you'd get a suspended possession order which would mean that if you missed any future payments, or even weren't paying them on time, Santander could have another crack of the whip.

 

Sometimes there are legal advisors at the court who can help you out, so try and get there a bit early to find out.

 

You and your family will still be in your home at xmas.

[northernbloke]

If you haven't been to court yet, as others say, don't panic. I was in court in similar circumstances on Monday this week. The judge was very fair and when I spoke to the lender's solicitor he said judges tend to be "defendent friendly".

[Ell-enn]

Hi Horsey,

Firstly as the others said, don't panic. Have you got a printer at home? I can help you write a statement for the judge to read.... but we don't have much time so will have to work quickly.

[horsey]

Oh no my printer isn't working I never use it so never bothered replacing it or fixing it.

[Ell-enn]

Have you done any sort of statement for court ? If I can write the statement for you - do you have a friend or neighbour who would let you print something ? are you near a library where it could be printed ?

[horsey]

No I haven't prepared one, can't think of anywhere to be able to print one off, only my mum but she is at work

[Ell-enn]

OK, I've affixed a statement - can you write it out on plain paper? you will get the info for the bit at the top of the statement from the court papers you have (i.e. case no, court name and the name of the Claimant etc) - ask at the court of they will photocopy it for you so you have a copy for yourself.

 

Also ask at the court when you get there if there are any duty legal advisers who could accompany you into the hearing and support your case.

 

Good luck and let us know how you get on.

[horsey]

Oh God! My phone won't open it! I am literally driving there now, can't get any other internet access, will just have to be truthful and hope they are feeling kind

[horsey]

No duty legal advisors available:-( I am waiting to speak to santanders representative when she gets out of the current hearing. I think I'm going to pass out with stress

[ims21]

This is the statement contained in the Word document that you can't open on your phone

 

 

Claim No:

In the Court

Between

(Claimant)

And

(Defendant)

 

STATEMENT

 

I am the defendant in this case and respectfully request the court to consider the following information when hearing the above case:

 

 Payments have been missed as a result of the breakdown of the relationship with my ex partner.

 

 I contacted the Claimant in August and they sent one of their agents to see me - a repayment plan was agreed and a direct debit was signed for payments to commence. However the Claimant did not activate the direct debit and when I called to make payment over the phone they refused to accept it and informed me that my case had now gone to their solicitors.

 

Despite several attempts to make payment and submit income and expenditure information the Claimant has continued to refuse to accept any payments from me.

 

 Following a period of illness my finances are now returned to normal and I am able to offer payments of £70.00 per month towards the arrears in addition to the normal monthly payment.

I am confident I can maintain these payments – please see income and expenditure statement – Appendix 1, affixed.

 

Therefore I respectfully request the court to take into account the case of Cheltenham and Gloucester v Norgan when considering my offer of payment and also s.36 of the Administration of Justice Act 1970.

 

 There are 3 dependant children residing in the property.

 

 I assure the court that we are committed to clearing the arrears and respectfully ask that possession is not granted to the Claimant in order for me to avoid the expensive and unnecessary costs which would undoubtedly arise following repossession in the current property climate and also to protect the equity in the property.

 

I believe the above to be true and factual.

 

 

 

Signed....................................................................................... Date............................................

[horsey]

Thank you everyone for advice and support, they have accepted my offer to clear the arrears, the judge and santanders representative were quite reasonable. Finally I can sleep at night.

Saw a few other people going in with the same santander rep, I hope they managed to come to an arrangement too

These things can so easily happen and before you know it you can get in serious trouble.

[citizenB]

Well done, this is excellent news..